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The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.
Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.
Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.
Q. Which of the following option evaluates the theory of critical legal studies?
  • a)
    They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as a tool of privilege and power. The positivist conception of law being separated from politics and morality.
  • b)
    That legal materials, such as statutes and case law, do not totally determine the result of legal disputes and the idea that ‘law is politics’.
  • c)
    The traditional claim is that far more often than is usually suspected, the law tends to serve the interests of the wealthy and powerful by protecting them against the demands of the poor and the subaltern, women, ethnic minorities, working class, indigenous people, disabled, homosexuals, etc., for greater ‘justice’.
  • d)
    All the above
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
The idea that law is a reflection of society’s values and also i...
Legal Realists assert that judges hold the key to the influence of law. They further claimed that judges are guided by their interpretation of the law; however, being human means being influenced by other factors such as feelings, moods, alliances, and preferences. They highlight the fundamental importance of personality in the outcome of dispute. The CLS scholars used the ideas and legacy of Legal Realism that sought to challenge the existing convention in the legal system. The that legal materials are inherently contradictory. Finally, they question the central assumption of law that an individual, a judge or a lawyer, is an autonomous individual. That they are able to make unbiased decisions based on reason detached from political, social, or economic constraints. CLS scholars hold that individuals are intrinsically tied to their epoch, socio-economic class, gender, race, and other conditions of life, temporary or permanently. Therefore, they question the idea of ‘free’ and partial decision-making. Therefore, all the above three options constitutes the critical legal studies.
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The idea that law is a reflection of society’s values and also in turn entrenches them is a great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believes that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instill their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q. Which of the following options explains the theory of critical legal studies?

The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.The above argument describes which of the following options?

The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option undermines the argument of critical legal studies?

The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following is an inference of legal positivism?

The idea that law is a reflection of society’s values and also in turn entrenches them is a great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believes that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instill their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q. The above argument describes which of the following options?

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The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option evaluates the theory of critical legal studies?a)They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as a tool of privilege and power. The positivist conception of law being separated from politics and morality.b)That legal materials, such as statutes and case law, do not totally determine the result of legal disputes and the idea that ‘law is politics’.c)The traditional claim is that far more often than is usually suspected, the law tends to serve the interests of the wealthy and powerful by protecting them against the demands of the poor and the subaltern, women, ethnic minorities, working class, indigenous people, disabled, homosexuals, etc., for greater ‘justice’.d)All the aboveCorrect answer is option 'D'. Can you explain this answer?
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The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option evaluates the theory of critical legal studies?a)They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as a tool of privilege and power. The positivist conception of law being separated from politics and morality.b)That legal materials, such as statutes and case law, do not totally determine the result of legal disputes and the idea that ‘law is politics’.c)The traditional claim is that far more often than is usually suspected, the law tends to serve the interests of the wealthy and powerful by protecting them against the demands of the poor and the subaltern, women, ethnic minorities, working class, indigenous people, disabled, homosexuals, etc., for greater ‘justice’.d)All the aboveCorrect answer is option 'D'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option evaluates the theory of critical legal studies?a)They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as a tool of privilege and power. The positivist conception of law being separated from politics and morality.b)That legal materials, such as statutes and case law, do not totally determine the result of legal disputes and the idea that ‘law is politics’.c)The traditional claim is that far more often than is usually suspected, the law tends to serve the interests of the wealthy and powerful by protecting them against the demands of the poor and the subaltern, women, ethnic minorities, working class, indigenous people, disabled, homosexuals, etc., for greater ‘justice’.d)All the aboveCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option evaluates the theory of critical legal studies?a)They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as a tool of privilege and power. The positivist conception of law being separated from politics and morality.b)That legal materials, such as statutes and case law, do not totally determine the result of legal disputes and the idea that ‘law is politics’.c)The traditional claim is that far more often than is usually suspected, the law tends to serve the interests of the wealthy and powerful by protecting them against the demands of the poor and the subaltern, women, ethnic minorities, working class, indigenous people, disabled, homosexuals, etc., for greater ‘justice’.d)All the aboveCorrect answer is option 'D'. Can you explain this answer?.
Solutions for The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option evaluates the theory of critical legal studies?a)They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as a tool of privilege and power. The positivist conception of law being separated from politics and morality.b)That legal materials, such as statutes and case law, do not totally determine the result of legal disputes and the idea that ‘law is politics’.c)The traditional claim is that far more often than is usually suspected, the law tends to serve the interests of the wealthy and powerful by protecting them against the demands of the poor and the subaltern, women, ethnic minorities, working class, indigenous people, disabled, homosexuals, etc., for greater ‘justice’.d)All the aboveCorrect answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option evaluates the theory of critical legal studies?a)They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as a tool of privilege and power. The positivist conception of law being separated from politics and morality.b)That legal materials, such as statutes and case law, do not totally determine the result of legal disputes and the idea that ‘law is politics’.c)The traditional claim is that far more often than is usually suspected, the law tends to serve the interests of the wealthy and powerful by protecting them against the demands of the poor and the subaltern, women, ethnic minorities, working class, indigenous people, disabled, homosexuals, etc., for greater ‘justice’.d)All the aboveCorrect answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option evaluates the theory of critical legal studies?a)They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as a tool of privilege and power. The positivist conception of law being separated from politics and morality.b)That legal materials, such as statutes and case law, do not totally determine the result of legal disputes and the idea that ‘law is politics’.c)The traditional claim is that far more often than is usually suspected, the law tends to serve the interests of the wealthy and powerful by protecting them against the demands of the poor and the subaltern, women, ethnic minorities, working class, indigenous people, disabled, homosexuals, etc., for greater ‘justice’.d)All the aboveCorrect answer is option 'D'. Can you explain this answer?, a detailed solution for The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option evaluates the theory of critical legal studies?a)They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as a tool of privilege and power. The positivist conception of law being separated from politics and morality.b)That legal materials, such as statutes and case law, do not totally determine the result of legal disputes and the idea that ‘law is politics’.c)The traditional claim is that far more often than is usually suspected, the law tends to serve the interests of the wealthy and powerful by protecting them against the demands of the poor and the subaltern, women, ethnic minorities, working class, indigenous people, disabled, homosexuals, etc., for greater ‘justice’.d)All the aboveCorrect answer is option 'D'. Can you explain this answer? has been provided alongside types of The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option evaluates the theory of critical legal studies?a)They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as a tool of privilege and power. The positivist conception of law being separated from politics and morality.b)That legal materials, such as statutes and case law, do not totally determine the result of legal disputes and the idea that ‘law is politics’.c)The traditional claim is that far more often than is usually suspected, the law tends to serve the interests of the wealthy and powerful by protecting them against the demands of the poor and the subaltern, women, ethnic minorities, working class, indigenous people, disabled, homosexuals, etc., for greater ‘justice’.d)All the aboveCorrect answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option evaluates the theory of critical legal studies?a)They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as a tool of privilege and power. The positivist conception of law being separated from politics and morality.b)That legal materials, such as statutes and case law, do not totally determine the result of legal disputes and the idea that ‘law is politics’.c)The traditional claim is that far more often than is usually suspected, the law tends to serve the interests of the wealthy and powerful by protecting them against the demands of the poor and the subaltern, women, ethnic minorities, working class, indigenous people, disabled, homosexuals, etc., for greater ‘justice’.d)All the aboveCorrect answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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